A Study Of Photocopying Practice And Copyright Law In Nigeria Libraries Librarians Perspectives

73 | P a g e Journal of AppliedInformation Science andTechnology, 9 (1) (2016)
A Study of Photocopying Practice and Copyright Law in
Nigeria Libraries: Librarians Perspectives
Sambo, Atanda Saliu1, Ahutu, Avosuahi Orewa2 & Aworo Promise3
Federal University of Petroleum Resources, Library (FUPRE)1, National
Library of Nigeria, Abuja2, College of Education, Agbor3
asiwajufupre@gmail.com1
, graceeav@yahoo.com2
Abstract:
Purpose: The study examined photocopying practice and copyright law in Nigeria libraries.
Design/Methodology/Approach: A social survey method of research was adopted for the study. Five
objectives and five research questions were formulated to guide the study. A systematic random
sampling technique was used to select one hundred and fifty seven (157) respondents for the study
whereas 91% were retrieved. The data collected were analysed using descriptive statistical tools such
as, bar chart, percentages and mean.
Findings: The outcome of the study revealed that librariesneed to play a prominent role in the issue of
copyright law. The results also discovered that there is no limit to photocopies being made from
textbooks and other libraries materials, more so, user’s awareness of copyright law does not influence
their photocopying practice.
Implication: The paperemphasised that there should be adequate awareness of the issues of copyright
law by librarians for effective and efficiency services delivery.
Originality/Value: The paper value can be situated in its appropriate recommendations that libraries
should derive a better means of effecting copyright law in Nigeria libraries and Ethics should be
applied in the use of copyrighted library materials.Furthermore, lawsabout 'fair use' of peoples works
should not be abused in term of photocopying materials in the library and copyright law offenders
should face criminal charges among others.
Keywords: Photocopying practice; Copyright Law; Library and Information Science; Librarians’
Perceptive; Nigeria Libraries; Librarians Registration Council of Nigeria (LRCN)
Introduction
The copyright law is not designed to limit public
access to information but to ensure that the
public has access to it by protecting the
economic and moral rights of authors’ Copyright
law. Based on the assumption that an author is
more likely to be motivated to embark on
continuous production of intellectual product if
he is cited, there is the assurance that another
individual can claim neither the credit nor the
profit economically from the author’s efforts.
Copyright law does not protect ideas’ but exist
only when the ideas are put in tangible format
such as written works or other form of
expression (Nigerian Copyright Commission
2012). According to Kent (1971), indiscriminate
access may prevent the copyright holder from
recovering cases of publication, the very
incentive that copyright is to encourage. Aina
(2002) state that “it is unethical to lift the work
of another person verbatim without permission
and claim right of the work. Copyright tries to
balance the needs of the users and creators. From
a look at the proliferation of information on the
internet and in other information resources in
Nigeria, it is obvious that copyright is all-
encompassing and should be regarded by all
with highest seriousness. According to Noel &
Breau (2005), students are taught the value of
original thinking and the importance of not
plagiarizing the works of others both in the
libraries and other information centers.
Libraries are knowledge industry that acquire,
organise, retrieve and disseminating information
to the users in respective of their educational

Sambo, Atanda Saliu1
, Ahutu, AvosuahiOrewa2
& Aworo Promise3
background, while Librarians are expected to
know and appreciate the law and create
awareness of copyright law to the library users.
Photocopying services are not designed to
compete or replace duplicating processes, but to
complement its services through direct
reproduction of documents. The photocopying
service no doubt is very popular among scholars
because it makes it possible for them to have
positive copies of any material conveniently
thereby saving them from the problem of having
to copy manually what they need whenever they
visit the library.
African Publishing Review (1993) reported that
an estimate of 300 billion copy pages per year or
an equivalent of 1.5 billion books of 200 pages
each of unauthorized photocopying of
copyrighted materials worldwide is being carried
out. Taylor (1988) stated that in the United
Kingdom, the state school system has been
estimated to use 90 million copy pages per year.
In the University sector, a survey of a single
Australian University showed that 2.1 million
pages were copied in one academic year.
In the United States of America, the state of
things is not different. Studies conducted by
King Research Incorporated in 1981 into library
photocopying indicated that more than 600
million impressions are made yearly on library
photocopying machines. Menziner (1980) stated
that about 5 billion photocopies are produced
from copyrighted works annually. This
according to him corresponds to about 25
million books or journals comprising 200 pages
each. In Africa, there is also a large scale of
photocopying going on in various countries. For
instance, the African Publishing Review (1993)
reported that in Kenya, an estimate of over one
million copies are made each year across the
various sectors with the educational sector
constituting the lion share. This ugly trend
prompted the present study.
Statement of the Problem
In Nigeria, observation has revealed that
librarian’s are not quite proactive which about
copyright law as they need to be so as to create
more awareness and guide users against
violating this copyright law in Nigeria libraries.
It is against this backdrop that this study
attempts to examine the extent to which
librarians in the libraries sensitize library users,
researchers, students and appreciates against
copyright law as it relates photocopying.
Objective of Study
The study is to investigate the extent to which
librarians sensitize library users and appreciates
on the law of copyright as it relates to
photocopying.
Specifically, the study will
1. Determine the level of awareness of the
copyright law by Librarians in Nigeria
libraries?
2. Identify roles of the library on copyright
law?
3. Examine the materials that are usually
photocopied most by library users?
4. Investigate if there any limit to
photocopies being made from text books
or any other published material in the
library?
5. Find out if library users are aware of the
provisions of the Nigerian copyright law
of 1988?
Research Questions
1. What is the level of awareness of the
copyright law by Librarians in Nigeria
libraries?
2. What are the roles of the library on
copyright law?
3. What materials are usually photocopied
most by library users?
4. Is there any limit to photocopies being
made from text books or any other
published material in the library?
5. Are library users aware of the
provisions of the Nigerian copyright
law of 1988?
Literature Review
Copyright law refers to a legal concept that
concerns rights to copy as it protects the labour,
skill and judgment that someone – author, artist
or some other creator – expends in the creation
of an original piece of work (Feather
&Sturges2003). Effective laws to combat these
and other copyright problems are very
imperative. Guobadia (1989) insists that
copyright comes under pressure in a largely
illiterate society like Nigeria as the purveyor of
pirated audio and video cassettes, the
shopkeepers who sell pirated copies of popular
textbooks and the students who make photocopy
of an entire textbook for his use are all reacting
in their own way to the situation. According to

A Study of Photocopying Practice and Copyright Law in Nigeria Libraries: Librarians Perspectives
Odunowo (2002), the violation of copyright
legislation can lead to loss of income, discourage
creativity, retard industrial, economic and
cultural growth, and deprive the government a
huge amount of taxes especially in copyright
related industries. To this end awareness of
copyright law becomes necessary. Faeji (2002)
concurs when he assert that the level of
copyright awareness in Nigeria is low and this
has militated against effective copyright
administration in the country. Ajegbomogun
(2011) asserts that photocopying of library
resources serves many roles in the Nigerian
education system; it is used in information
dissemination on a large scale among students,
lecturers and researchers in the tertiary
institution environment in Nigeria and also
keeps the educational system going.She opines
that photocopying of copyright materials should
be done within the stipulated standards since not
every student has enough money to buy all the
information resources needed for their study,
therefore students have come to depend so much
on photocopying for survival in their study and
researches. It is crucial to understand that in
spite of the harsh realities of the present
economic situation in Nigeria or elsewhere, there
is no justifiable reason whatsoever for one to rob
another in order to survive. Besides, the harsh
effect is cushioned by the presence of libraries.
Adoki (2002) rightly argues that it is criminal,
fraudulent and cheating to do any acts or
omission which will deprive an owner of
copyright table work the benefits of his labour.
Noel and Breau (2005) suggest that works of
others should not be used without their
permission unless the use is within the
exceptions provided in the law or the use has
been authorized by the copyright owner.
Uviegbara (1992) who argues that there is need
to raise the level of awareness of people about
copyright law. It also support the findings of
Ekwensi (1992) who asserts that photocopying
of texts without regard to copyright law has
become norm, and an issue worth looking into.
The level of copyright awareness in Nigeria is
low and this militates against infringement of
books in the country. The situation is also the
same in other countries of the world like India.
Nair (1999) explains that the awareness of
copyright is rather poor in the country and piracy
believed to be wide-spread.” There is need for
collaboration with practitioners in the industries
to embark on an orchestrated campaign aimed at
educating its citizenry on the dangers of
copyright theft which is clearly anti- social and
contrary to the public interest. Public
condemnation would therefore be mobilized to
fight and eradicate copyright infringements are
usually dealt with in civil lawsuits in federal
court. The principal remedies for enforcement of
copyrighted materials in Nigeria as Oluwa.
(2011) provides are:
Damages: In awarding damages, the court
considers the loss of profits caused to the
plaintiff by the infringer’s diversion of trade
from the plaintiff. In addition, the flagrancy of
the infringement and any benefit shown to have
accrued to the defendant by reason of the
infringement are considered.
Injunction: This is the most useful and frequent
remedy available to victims of copyright
infringement. The plaintiff can seek an interim
injection pending the determination of the case
and perpetual injunction as a final remedy.
Delivery up or destruction: The infringed
materials can be confiscated or destroyed. The
destruction extends to receipts, containers,
vehicles, ships, aircraft etc. This order is
frequently applied in Nigeria, especially with
respect to smuggling cases.
Conversion rights: All infringing copies of a
work in which copyright subsists, or of any
substantial part of the work, and all plates,
master tapes, machines, equipment or
contrivances used or intended to be used for the
production of such infringing copies, are deemed
to be the property of the owner, assignee or
exclusive licensee of the copyright, which
accordingly may take action to recover the
possession or conversion of these articles.
Ngangu (1984) defines photocopy as an
adaptation of photography whereby copies can
be produced directly from the originals without
the need for recreation of the image, for
instance, by typing, to make a master for
subsequent reproduction”. Mason (1968) defines
photocopy “as the making of copies by a
photographic process. These copies, according to
him, should be such that could be read with
naked eyes or without the use of an optical
device.
The reprographic reproduction of printed matter
has become so widespread that in several
Nigerian universities, photocopied materials
have practically replaced printed texts and

& Aworo Promise3
instructional materials that are protected under
Nigerian copyright Law. Photocopy is the
commonest reprographic method with the
copyright law is violated in Nigeria tertiary
institutions. Kyle (1983) stated that one of the
most important advantages of photocopying is
that books are made more accessible to users,
without exposing the original to damage from
overuse, vandalism or theft. Similarly, Amodeo
(1983) stated that the presence of photocopying
machines in the library for photocopying
purposes is to prevent the mutilation and theft of
books and argues that there is need to raise the
level of awareness of people about copyright
law.
Research Methods
This study was carried out using a social survey
research method. The research instrument
adopted for the study was questionnaire. The
instrument was structured to compare relevant
information about photocopying practice and
copyright law in Nigeria Libraries. It was
validated using expert opinion. The reliability of
the instrument was tested using test-retest
method. Twenty five questionnaires were
administered to librarians in Abuja, the capital
city of Nigeria. The completed questionnaires
were returned and re-administered to the same
set of librarians, and the responses were the
same with the previous ones. The population of
the study was 172 librarians that attended 2nd
Conference of Certified Librarians from various
libraries and institutions across Nigeria by the
Librarians’ Registration Council of Nigeria
(LRCN) held in Abuja on the 11th
– 16th
October, 2015. While considering the
manageable number of the subjects of this study;
the researcher used the whole population. The
researcher administered and collected the
questionnaire from the respondents. Thus, there
was 91% response return rate. The data collected
through questionnaire are here by analysed using
simple percentages.
Discussion of Results:
Out of 172 copies of the questionnaire that were
administered during the 2nd
conference of
certified librarians in Nigeria, 157 (91%) were
retrieved. The data from the retrieved
questionnaire were analysed using simple
statistic and were presented in charts and bars
thus:
Fig 1: Gender Distribution of Respondents
Figure 1: Showed that 39% of respondents are
male while 61% are female. This represents the
gender distribution of librarians involved in the
survey.
Male
39%
Female
61%

Fig2: Distribution of Respondents by Library
Respondents in the survey cut across the
different types of libraries that are available in
Nigeria. A larger percentage (45%) of the
respondents were from academic libraries while
other categories were equally represented. This
includes public libraries 29% whereas
special/research libraries were 13% while
National library 6% whereas private/corporate
libraries were 4%, and school libraries were 3%.
Fig 3: Year of Certified of Respondents
Figure 3 shows that 2014 certified librarians of
Nigeria were the highest participants in the
conference which records 32%; followed by
2013 with 30% while 2015 had a participant of
17% whereas 2012 with 13% and 2011 had 6%
of the certified librarians in Nigeria libraries. In
nutshell, the first set of librarians, numbering
536, was certified in May, 2005 while the
second set numbering 1,177, was certified in
August, 2011 whereas the third batch numbering
948 was certified in September, 2012 while
fourth batch numbering 603, was certified in
June,2013 whereas the fifth batch numbering
877, was certified in September, 2014 while the
sixth batch numbering 530, was certified in
October, 2015. It presently has about 4,672
records of certified librarians. LRCN is the 23rd
parasternal under the Federal ministry of
Education. It is a regulatory body for the growth
and development of the Library and Information
Science sector in Nigeria.
71
5 9
45
21
6
157
45% 3% 6% 29% 13% 4% 100%
0
50
100
150
200
Distribution of Respondents by Library
Frequency Percentage
3
9
21
47 51
26
157
2% 6% 13% 30% 32% 17% 100%
0
20
40
60
80
100
120
140
160
180
2005 2011 2012 2013 2014 2015 Total
Y
ear of Certified of Respondents

& Aworo Promise3
Fig 4: Determine the Level of Awareness of the Copyright Law by Librarians
Figure 4 reveals that 100% of participants
conscious of the copyright law in Nigeria
Libraries. This shows that certified librarians in
Nigeria Libraries were aware of the copyright
law.
Fig 5: The Role of Library on Copyright Law
Figure 5 above shows the role of the library on
copyright law. 102 (65%) of the respondents
reveals that copyright has always been a very
relevant issue for libraries. This specify that
libraries have not been playing a prominent role
in the issue of copyright, while all the
respondents 157 (100%) affirmed that libraries
allow users to make copies of materials for
research whereas 113 (72%) of the respondents
admitted that library copyright policy is
normally derivable from the existing applicable
international policy.
Yes
100%
No
0%
100%
72%
35%
27%
0% 157
157
157
157
100%
100%
100%
100%
Libraries allow users to make
copies of materials for research
Library copyright policy is
normally derivable from the…
Copyright has always been a very
relevant issue for libraries
Public Enlightenment
The Roles of Library on Copyright Law
Frequency (Yes) Percentage (NO) Total Total

Fig 6: Materials that are being photocopied Most by Library Users
Figure 6 shows materials that are being
photocopied most 31% of the respondent’s
photocopied textbooks. This means that textbook
is the highest library material being photocopied
whereas 27% of the respondents indicate
manuscripts, lecture notes, project, and
dissertation while 14% of the respondents
photocopied whole journals whereas 8% of the
respondents indicate some chapters from
textbooks and documents like letters,
certificates, government publication while
newspapers and magazines constitute the least
materials usually photocopied 4% indication.
The indication from the data presented is that
textbooks and other unpublished materials like
manuscripts, lecture notes, thesis, letters,
certificates and others constitute the bulk of what
is being photocopied in Nigerian Libraries.
Fig: 7, Is there any Limit to Photocopied being made from Textbooks or any other Published
Materials in the Library
43
13 13
49
11
22
6
157
27% 8% 8% 31% 7% 14% 4% 100%
0
20
40
60
80
100
120
140
160
180
Materials that are being Photocopied Most by Library
Users
22
127
8
157
14% 81% 5% 100%
0
50
100
150
200
Yes No No response Total
Is there any Limit to Photocopied being made from
Textbooks or any other Published Materials in the
Library

& Aworo Promise3
Figure 7 reveals that 81% of the respondents
affirmed that they do not have any limit to the
amount of photocopies that could be made from
published materials whereas 14% of the
respondents indicate that there is a limit to the
amount of the photocopies that could be made
from library materials. It could therefore be
deduced from the data that there is no limit to the
amount of photocopies that could be made from
published materials. Multiple copies of published
materials could be made without any hindrance.
Fig 8: Determine whether Library Users Aware of the Provision of Copyright Law of 1988?
Figure 8 reveals that 72% of respondents
indicated that they are aware of law on copyright
while 61% of the respondent’s affirm that their
awareness of copyright law does not influence
their photocopying practice while 40% of
respondents confirm that they are aware of the
doctrine of fair use in the copyright law, whereas
36% of the respondents shown that their
awareness of fair use does influence their
photocopying practice. Meaning, user’s
awareness about copyright are low with is in line
with Uviegbara (1992) who argues that there is
need to raise the level of awareness of people
about copyright law. It also support Ekwensi
(1992) finding who asserts that photocopying of
texts without regard to copyright law has
become norm, and an issue worth looking into.
Discussion of Findings
Findings reveals that100% of the participant’s
librarian’s in the 2nd
Conference of Certified
Librarians held in Abuja, 2015 are aware of
copyright law. However, their awareness seem
not to make any difference as no change of
attitude was noticed among the users, since81%
of the respondents affirmed that users do not
have any limit to the amount of photocopies that
could be made from published materials. This
invariably is against copyright law supported by
Nair (1999). The result shows the role of library
on copyright law. (100%) affirmed that libraries
allow users to make copies of materials for
research, (72%) admitted that library copyright
policy is normally derivable from the existing
applicable international policy as noted by
Ekwensi (1992) finding who asserts that
photocopying of texts without regard to
copyright law has become norm, and an issue
worth looking into.
The finding reveals that textbooks is the highest
library materials being photocopied follow by
manuscript, lecture notes, project and
dissertation. This finding confirm the finding of
Guobadia (1989) who affirm that students are
averse to making photocopy of entire books in
order to satisfy their needs. Also, support by
Adoki (2002) finding who asserts that
photocopying of texts without regard to
copyright law has become a norm, and an issue
worth looking into. The findings shows that
user’s awareness on copyright law does not
influence their photocopying practice and
doctrine of fair use in the copyright law. This is
72%
40%
30%
10%
36%
61%
18%
24%
8%
0%
10%
20%
30%
40%
50%
60%
70%
80%
Are you aware of
copyright law
Are you aware of
‘fair use’ (fair
dealing)
Copyright law? Does your awareness
of copyright law
influence your
photocopying
practice
Determine whether Library Users Aware of the
Provision of Copyright Law of 1988?
Yes No NO Response

in line with Amodeo (1983) who argues that
there is need to raise the level of awareness of
people about copyright law.
Conclusion
There is no doubt that the photocopy machine
has become an indispensable tool in the
generation and dissemination of information in
different organizations and institution of
learning. The general fear is that the
photocopying going on in Nigerian universities
could be injurious to authors and publishers are
unfounded. This is because this study reveals
that there is no limit to the amount of
photocopies that could be made from published
materials. It also observed that copyright law in
Nigeria libraries is taking with levity, therefore,
librarians needs to be pro-active and educate the
users more on copyright law in other to make
authors enjoy the fruit of their labour. Adequate
penalties should be placed on every defaulter
and the library should step up in their role to
ensure an effective functioning of copyright law.
Meanwhile, copyright law in Nigeria libraries
that has been floated must be taken seriously to
ensure that researchers, students and users
undergoing training identify the realities of life
while in school. These users at the conclusion of
their study will apply the norms and therefore
ought to take cognizance and reduce their
excesses against what they practice.
Recommendations
The following recommendations are therefore
made:
1. That the libraries should derive a better
means of effecting copyright law in the
tertiary institutions.
2. That copyright law offenders should
face criminal charges
3. Ethics should be applied in the use of
copyrighted library materials.
4. Law about 'fair use' should not be
abused in term of photocopying
materials in the library.
5. The Nigerian copyright council, library
stakeholders, Librarians Registration
Council of Nigeria and Nigeria Library
Association should organize
enlightenment programmes like
workshops, seminars and symposia for
users, researchers, students and
operators of photocoping canters where
6.
they could be enlightened on the
provisions of the copyright law of 1988.
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